[Amended 12-12-1988 by Ord. No. 88-91]
A.
Any person who violates any of the provisions of or who fails to perform any duty imposed by this Part 2 or any order or determination of the Director promulgated under this Part 2 or the terms of any permit issued thereunder shall be liable to the City for a civil penalty not to exceed $1,000 for each such violation, to be assessed after a hearing held in conformance with the procedures set forth in Article X of this chapter. Each violation shall be a separate and distinct violation and, in the case of a continuing violation, each day's continuance thereof shall be deemed a separate and distinct violation. Such penalty may be recovered in an action brought by the Corporation Counsel at the request of the Director in the name of the City in any court of competent jurisdiction. Such civil penalty may be released or compromised by the Director before the matter has been referred to the Corporation Counsel; and where such matter has been referred to the Corporation Counsel, any such penalty may be released or compromised, and any action commenced to recover the same may be settled and discontinued by the Corporation Counsel with the consent of the Director.
B.
In addition to the power to assess penalties as set forth in Subsection A above, the Director shall have the power, following a hearing held in conformance with the procedures set forth in Article X of this chapter, to issue an order suspending, revoking or modifying the violator's permit and enjoining the violator from continuing the violation. Any such order of the Director shall be enforceable in an action brought by the Corporation Counsel at the request of the Director in the name of the Department in any court of competent jurisdiction.
C.
Any civil penalty or order issued by the Director pursuant to this section shall be reviewable in a proceeding pursuant to Article 78 of the New York State Civil Practice Law and Rules (CPLR), if commenced within 60 days after service in person or by mail of a copy of the determination or order upon the Attorney of Record of the applicant and of each person who has filed a notice of appearance, or the applicant in person if not directly represented by an attorney. When the City finds that a user has violated, or continues to violate, any provision of this Part 2, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the City may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time.
[Amended 6-19-1995 by Ord. No. 95-20; 12-27-2010 by Ord. No. 2010-23]
D.
In addition to the powers set forth in Subsections A, B and C above, the Director shall have the power to issue administrative orders, including but not limited to cease and desist orders, consent orders, show-cause orders and compliance orders. The Director shall also have the power to levy administrative fines, and have the power to enter into consent decrees with any party, subject to the approval of the Corporation Counsel.[1]
[Added 5-20-1996 by Ord. No. 96-25; amended 12-27-2010 by Ord. No. 2010-23]
[1]
Editor’s Note: Former Subsection E, regarding the adoption
of the enforcement response plan dated 10-19-1995, added 5-20-1996
by Ord. No. 96-25, was repealed 12-27-2010 by Ord. No. 2010-23.
A.
Any person who willfully violates any provision of this Part 2 or any final determination or order of the Director made in accordance with Article X of this chapter shall, in addition, be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500 nor more than $1,000. Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense.
[Amended 12-12-1988 by Ord. No. 88-91]
B.
Any person who knowingly makes any false statements,
representation or certification in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this Part 2, or industrial wastewater discharge permit, or who
falsifies, tampers with or knowingly renders inaccurate any monitoring
device or method required under this Part 2 shall, upon conviction,
be punished by a fine of not less than $500 nor more than $1,000.
Each offense shall be a separate and distinct offense, and, in the
case of a continuing offense, each day's continuance thereof shall
be deemed a separate and distinct offense.
C.
No prosecution under this section shall be instituted until after final disposition of an appeal or review if any, provided by § 220-84C.
D.
No unauthorized person shall maliciously, willfully
or negligently break, damage, destroy, uncover, deface or tamper with
any structure, appurtenance or equipment which is a part of the sewage
works. Any person violating this provision shall be subject to immediate
arrest under charge of disorderly conduct and be shall subject to
recovery of costs for damages.
[Amended 12-27-2010 by Ord. No. 2010-23]
Any person violating any of the provisions of
this Part 2 shall, in addition, be civilly liable to the City for
any expense, loss or damage occasioned to the City by reason of such
violation. The City may recover fines and penalties imposed by any
regulatory agency on the City that can be reasonably attributed to
the user discharges of any person to the wastewater collection or
treatment system. The City may also recover from any responsible party
any reasonable attorneys’ fees, court costs, other expenses
associated with enforcement activities, including sampling and monitoring
expenses, and the cost of any damages incurred by the City.
[Amended 12-12-1988 by Ord. No. 88-91]
The Corporation Counsel, on his own initiative
or at the request of the Director, shall have the right to seek equitable
relief in the name of the City to restrain the violation of, or to
compel compliance with, this Part 2 or any order or determination
issued thereunder by the Director.
[Amended 12-12-1988 by Ord. No. 88-91]
A.
Notwithstanding any inconsistent provisions of law, whenever the Director finds, after investigation, that any user is causing, engaging in or maintaining a condition or activity which, in his judgment, presents an imminent danger to the public health, safety or welfare or to the environment or is likely to result in irreversible or irreparable damage to the public sewer system and it therefore appears to be prejudicial to the public interest to delay action until notice and an opportunity for a hearing can be provided, the Director may, without prior hearing, order such user, by notice, in writing, wherever practicable or in such other form as in the Director's judgment will reasonably notify such person whose practices are intended to be proscribed, to discontinue, abate or alleviate such condition or activity; or, where the giving of notice is impracticable, or in the event of a user's failure to comply voluntarily with an emergency order, the Director may take all appropriate action to abate the violating condition. As promptly as possible thereafter, not to exceed 15 days, the Director shall provide the user an opportunity to be heard in accordance with the provisions of Article X of this chapter.
B.
The Director, acting upon the belief that an emergency
exists, shall be indemnified against any personal liability that may
arise in the performance of his duties to protect the public health,
safety or welfare or preserve the public sewer system.
[Added 12-27-2010 by Ord. No. 2010-23]
A.
A user shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions at § 220-32 and the specific prohibitions in § 220-32B(2), (3)(b), (3)(c), (5), and (9) where the user can demonstrate that:
(1)
It did not know or have reason to know that its discharge, alone
or in conjunction with a discharge or discharges from other sources,
would cause pass through or interference; and
(2)
A local limit designed to prevent pass through and/or interference,
as the case may be, was developed for each pollutant in the user's
discharge that caused pass through or interference, and the user was
in compliance with each such local limit directly prior to and during
the pass through or interference; or if a local limit designed to
prevent pass through and/or interference, as the case may be, has
not been developed for the pollutant(s) that caused the pass through
or interference, the user's discharge directly prior to and during
the pass through or interference did not change substantially in nature
or constituents from the user's prior discharge activity when the
POTW was regularly in compliance with the POTW's NPDES permit requirements
and, in the case of interference, applicable requirements for sewage
sludge use or disposal.
B.
When the City determines that a User(s) is contributing to the POTW any of the substances set forth at § 220-37 in such amounts as to interfere with the operation of the POTW, the City shall advise the User(s) of the impact of the contribution on the POTW pursuant to procedures in § 220-81 et seq. of this Part 2.
[Added 12-27-2010 by Ord. No. 2010-23]
The City may decline to issue or reissue a wastewater discharge
permit to any user who has failed to comply with any provision of
this Part 2, a previous wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, unless
such user first files a satisfactory bond, payable to the City, in
a sum not to exceed a value determined by the City to be necessary
to achieve consistent compliance.
[Added 12-27-2010 by Ord. No. 2010-23]
The City may decline to issue or reissue a wastewater discharge
permit to any user who has failed to comply with any provision of
this Part 2, a previous wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, unless
the user first submits proof that it has obtained financial assurances
sufficient to restore or repair damage to the POTW caused by its discharge.
[Added 12-27-2010 by Ord. No. 2010-23]
Whenever a user has violated or continues to violate any provision of this Part 2, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply. Such severance of any water service shall not be carried out except in the manner and upon the notice as is required of a waterworks corporation pursuant to Subdivisions 3-a, 3-b and 3-c of §§ 89-6 and 116 of the Public Service Law.
[Added 12-27-2010 by Ord. No. 2010-23]
A violation of any provision of this Part 2, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the City. Any person(s) creating a public nuisance shall be subject to the provisions of § 220-80 et seq. governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance.
[Added 12-27-2010 by Ord. No. 2010-23]
The City shall publish annually, in the largest daily newspaper
published in the municipality where the POTW is located, a list of
the users which, during the previous 12 months, were in significant
noncompliance with applicable pretreatment standards and requirements.
The term "significant noncompliance" shall mean:
A.
Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of wastewater measurements taken during
a six month period exceed (by any magnitude) a numeric pretreatment
standard or requirement, including instantaneous limits;
B.
Technical review criteria (TRC) violations, defined here as those
in which 33% or more of wastewater measurements taken for each pollutant
parameter during a six-month period equal or exceed the product of
the numeric pretreatment standard or requirement, including instantaneous
limits, multiplied by the applicable criteria (1.4 for BOD, TSS, fats,
oils and grease, and 1.2 for all other pollutants except pH);
C.
Any other discharge violation that the City believes has caused,
alone or in combination with other discharges, interference or pass
through, including endangering the health of POTW personnel or the
general public;
D.
Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment, or has resulted in the City's
exercise of emergency authority to halt or prevent such a discharge;
E.
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance;
F.
Failure to provide, within 30 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
G.
Failure to accurately report noncompliance; or
H.
Any other violation(s), including a violation of best management
practices, which the City determines will adversely affect the operation
or implementation of the local pretreatment program.
[Added 12-27-2010 by Ord. No. 2010-23]
If any provision of this Part 2 is invalidated by any court
of competent jurisdiction, the remaining provisions shall not be effected
and shall continue in full force and effect.
